I Just Moved From Another State – Is My Will Still Valid?

Moving long distance and setting up your home in another state is stressful enough without bringing doubt as to whether your current state courts will honor your will or other legal documents validly executed in another state. Many new residents will turn to their local attorney to ask whether a will or a power of attorney needs to be redrafted in order to be valid.

The answer to that question is straightforward: if the document was validly executed in the original state then your current state will honor it just the same. Our federal constitution contains the “Full Faith & Credit Clause” which requires the states to accept a valid will from any other state.

Even though the papers may be legally valid, it would be practical to have a local attorney review your documents to make sure that they still meet your intended purposes and goals. In general, banks and hospitals have internal procedures regarding documents that they will accept as valid without court proceedings. Having your power of attorney forms executed within the last 5 years goes a long ways toward meeting these standards. The power of attorney is supposed to ease the burden of others who want to help, but this is one instance where the age of the document can lessen its effectiveness.

If you have questions about the validity of a will or other estate planning document, a knowledgeable trust and estate planning attorney is available for a complimentary consultation at Nielsen Law Group to provide straightforward answers and solutions. You can schedule your initial consultation by calling (480) 888-7111 or submitting a web request here.